Clay County MO Archives Wills.....Roberts, David April 22, 1871
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Ronald J. Reid rreid21@cox.net November 25, 2007, 10:38 am

Source: The Liberty Tribune
Written: April 22, 1871

WILL OF THE LATE DAVID ROBERTS
The Liberty Tribune, Aug 25, 1871

AS considerable interest is manifested by the people to know how the late Mr. 
David Roberts disposed of his property, we copy below the will, as taken from a 
certified copy:
IN THE NAME OF GOD, AMEN:
I, David Roberts, of the County of Clay, in the State of Missouri, aware of the 
certainty of death, and of the uncertainty of life, and being of sound, 
disposing mind and memory, and being desirous of settling my worldly affairs 
while I have strength and capacity, therefore do make and publish an declare 
this my last will and testament, hereby expressly revoking and making null and 
void, all former last wills and testaments by me at any time heretofore made.
And first and principally, I commit my soul to my Creator who gave it, and my 
body to the earth, to be interred in a decent, unostentatious manner in the New 
Cemetery in Liberty, Clay county, Missouri, in my own lot therein, on the 
South, and by the side of my deceased wife; and as to such worldly estate 
wherewith it hath pleased God to entrust me, I do dispose thereof in manner and 
form as follows:
1st.  It is my will that all my just debts and funeral expenses and costs and 
charges of the administration of my estate be paid as soon after my decease as 
the same shall be practicable.
2d.  I have heretofore paid over to my brother James M. Roberts, a certain sum 
of money to be by him laid out, applied and expended in and about the support 
and maintenance of my beloved mother, Mrs. Sally Roberts, in a decent an 
comfortable manner during the remainder of her life.  With the view of further 
securing the comfort of my said mother during her remaining years, I do hereby 
give and bequeath unto my brother-in-law, Robert S. Adkins, Esq., the sum of 
two hundred and fifty dollars, to have and to hold the same unto the said 
Robert S. Adkins, Esq., his heirs, executors and administrators forever.  In 
trust, however, and to the intents and for the uses and purposes the following, 
viz: First, to appropriate and apply the said two hundred and fifty dollars, or 
any part thereof, and in such sum or sums as he may deem proper, to the 
maintainance and support of my said mother during her natural life, but only 
when, in the sound judgment of said Robert S. Adkins, Esq., necessity may 
require the appropriation and application of said sum or any part thereof, to 
or about the purpose aforesaid; and second, upon the further trust – that if 
after the death and decent interment of my said mother, there shall remain a 
residue of said sum not appropriated or applied to the aforesaid purpose, then 
to pay over an deliver such residue to the 2d Baptist Church in Liberty, Clay 
county, Missouri, absolutely.  My deceased wife was a member of said 2d Baptist 
Church.
3d.  I give and bequeathe absolutely unto my sister-in-law, Mrs. Eliza M. Hall, 
my buggy and harness.
4th.  I give and bequeath absolutely unto my brother-in-law, Darwin J. Adkins, 
Esq., two and one-half (2 ½) bonds of my Clay County Missouri Funding Bonds of 
the denominati8on of one hundred dollars each (make two hundred and fifty in 
said funding bonds, and not in money) together with all the coupons remaining 
attached to the two whole bonds, and one half of the coupons remaining attached 
to the divided bond: the said two and one half bonds to be selected and 
designated by my executor hereinafter named.
5th.  I bequeathe and give absolutely my piano-forte to my niece Mrs. Irene F. 
Litchfield.
6th.  I give and bequeathe absolutely to my brother, Obediah Roberts, Esq., the 
sum of two thousand dollars in money.
7th.  I give and bequeathe absolutely to my brother, Wilson Roberts, Esq., the 
sum of one thousand dollars in money.
8th.  I give and bequeath absolutely unto Emma Adkins and Mary Adkins, children 
of my deceased brother-in-law John C. Adkins, Esq., - each the sum of two 
hundred and fifty dollars in money.
9th.  I give and bequeathe absolutely unto my nephew Darwin Jefferson Nutter, 
Esq., the sum of two hundred dollars in money.
10th.  I give and bequeathe absolutely unto my nephew, James Lunsford Nutter, 
Esq., twenty (20) bonds of my Clay county, Missouri funding bonds, of the 
denomination of one hundred dollars each (making two thousand dollars in said 
funding bonds and not in money,) together with the coupons remaining attached 
to said twenty bonds to be selected by my executor hereinafter named.  I also 
give and bequeathe absolutely to my said nephew, James Lunsford Nutter, Esq., 
my gold watch.
11th.  I give and bequeath absolutely unto my sister-in-law, Mrs. Nancy 
Scarece, my deceased wife’s gold watch and all my deceased wife’s jewelry, to 
be used and enjoyed by my said sister-in-law as she may desire.
12th.  I give and bequeath absolutely to each of the children of the body of my 
deceased sister-in-law, Mrs. Cyrene Jones, living at the date hereof, the sum 
of one hundred and fifty dollars in money.
13th.  I give and bequeathe absolutely unto my brother-in-law, Robert Scarce, 
Esq., two and one half (2 ½) bonds of my Clay county, Missouri, funding bonds 
of the denomination of one hundred dollars each (making two hundred and fifty 
dollars in said funding bonds, and not in money,) together with all the coupons 
remaining attached to the two whole bonds and one half of the coupons remaining 
attached to the divided bond: the said two and one half bonds to be selected by 
my executor hereinafter named.
14th.  I give and bequeathe absolutely unto each of my nephews, Napoleon Bean, 
J.R. Bean and Obediah Bean, Robert Bean and William Bean the sum of one hundred 
and fifty dollars in money.
15th.  I give and bequeathe absolutely unto my nephew, David Bean, Esq., the 
sum of two hundred and fifty dollars in money.  
16th.  I give and bequeathe absolutely unto my niece, Mrs. Susan Morris 
(formerly Susan Bean), the sum of one hundred and fifty dollars in money.
17th.  I give and bequeathe absolutely unto William Dougherty, Esq., of 
Liberty, Clay county, Missouri, - husband of my niece Anne Dougherty, - the sum 
of one hundred dollars in money.
18th.  I give and bequeathe absolutely unto my niece, Mrs. Sallie Dougherty, 
wife of O’Fallon Dougherty, Esq., the sum of two hundred dollars in money.
19th.  I give and bequeathe absolutely unto my sister-in-law, Mrs. Anne 
Roberts, widow of my deceased brother, Arnett Roberts, Esq., the sum of two 
hundred and fifty dollars in money.
20th.  I give and bequeathe absolutely unto my niece, Mrs. Alice Jenkins, 
(formerly Hall,) of Platte county, Missouri, wife of Thomas Jenkins, Esq., the 
sum of two hundred dollars in money.
21st.  I give and beaueathe unto my brother-in-law, Churchill J. white, Darwin 
J. Adkins and Robert S. Adkins, Esqrs., the sum of four hundred dollars in 
money, to have and to hold the same unto them and the survivors or survivor of 
them forever.  In trust, nevertheless and to the intents and for the uses and 
purpose the following: to appropriate, apply and expend so much thereof from 
time to time and as occasion may require, as may be necessary to keep my lot in 
said New Cemetery and the railing around the same, and the tombs therein, in 
good repair and neatly ornamented; and upon the further trust that the survivor 
of them shall before his death, if there remain a residue of said sum of four 
hundred dollars not appropriated, applied or expended for the purposes 
aforesaid so dispose of or invest said residue as that said lot, railing and 
tombs may be kept in good repair and ornamented and beautified as long as 
possible.
22d.  I give and bequeathe unto my brother-in-law, Roberts S. Adkins, Esq., the 
sum of five hundred dollars: to have and to hold the same unto him, his heirs, 
executors and administrators forever.  In trust, nevertheless, and to the 
intents and for the uses and purposes the following to-wit: to pay over out of 
said sum of five hundred dollars to my former slave woman, Mary Higbee, 
(colored) intermarried with a colored man, named Thornton Higbee, the sum of 
one hundred dollars each successive year after my decease until said sum of 
five hundred dollars shall be exhausted.  I also give and devise unto the said 
Robert S. Adkins, Esq., the following tract, piece or parcel of land, situated 
with the city of Liberty, in Clay county, Missouri, to-wit: a apart of section 
No. 7, in township No. 51, of range No. 31, thus bounded, viz: beginning at the 
point where the prolongation southward of the west line of Prairie street in 
said city would intersect the north line of the “New Madrid Claim<” thence 
running south to Terry’s line, thence with Terry’s line west to Oliver’s line, 
thence north to the north line of said “New Madrid Claim” and thence east to 
the point of beginning, the same being the lot with house thereon that I 
purchased of E.W. Holbert” to have and to hold the said tract, piece or parcel 
of land unto the said Robert S. Adkins, Esq., his heirs, assigns, forever.  In 
trust, nevertheless, to suffer and permit the said Mary Higbee, for and during 
her natural life, to occupy, use, enjoy and possess, demise and dispose of the 
said tract, piece or parcel of land, with the appurtenances, and take, receive 
and enjoy the rents, issues and profits thereof (she paying all taxes thereon 
and all repairs thereof,) to and for her own sole and separate use, benefit and 
behoof, and not liable for the debts, present of future, in any manner, of her 
present husband or of any husband she may hereafter have; and upon the further 
trust that said Robert S. Adkins, Esq., his heirs and assigns, shall and will 
immediately after the death of the said Mary Higbee, convey the said premises 
in fee to the children of the body of the said Mary Higbee, living at the time 
of her death or to the children of such children, per stirpes, should any of 
the children aforesaid die before the said Mary Higbee, leaving issue.  In 
consequence of the kindness and fidelity of said Mary Higbee to my family she 
has richly merited this remembrance on my part.
23d.    And as to all the residue of my estate, real, personal and mixed, and 
wherever situated, I do dispose of such residue as follows, to-wit: 1st.  I 
give and devise to my brother-in-law, James G. Adkins, Esq., absolutely one-
third of all the said residue of my estate.  2d.  I give and devise to my 
brother-in-law, Churchill J. White, Esq., absolutely two ninths(2-9) of all the 
said residue of my estate.  3d.  I give and devise to my brother-in-law, Robert 
S. Adkins, Esq., absolutely, two ninths (2-9) of all the said residue of my 
estate.  4th.  I give and devise to my brother-in-law, Leonidas Adkins, Esq., 
absolutely two ninths (2-9) of all the residue of my estate.
24th.  I add this to remove any ambiguity that may exist in the 4th, 10th and 
13th items of this will, viz: where in the said 4th and 13th items I use the 
words, enclosed in brackets, “making two hundred and fifty dollars in said 
funding bonds and not in money,” and where the said 10th item I use the words, 
enclosed in brackets, “making two thousand dollars in said funding bonds, and 
not in money,” – I simply employ the words enclosed  in brackets in each of 
those items, with reference to the faces of the bonds themselves, and expressly 
excluding all reference to the coupons whether due or not; and in making up the 
said sums mentioned in said items of two hundred and fifty dollars, and the sum 
of two thousand dollars, I do not include the said coupons whether due or not.  
In each of those cases I give the coupons that shall be attached to the said 
bonds whether due or not, in addition to the faces of the bonds.
25th.  Having known my brother-in-law, Robert S. Adkins, Esq., long enough  to 
know that he is an hones man and will strictly comply with my wishes, I do 
hereby nominate, constitute and appoint him the said Robert S. Adkins, Esq., to 
be executor of this my last will and testament.
In testimony whereof, I, the testater, have to this my last will and testament 
set my hand and affixed my seal this the twenty-second day of April, A.D., 1872.
David Roberts [Seal.]
Signed, sealed, published and declared by the above named David Roberts as and 
for his last will and testament in the presence of us, who at his request, and 
in his presence, and in the presence of each other, have hereto subscribed our 
names as witnesses thereto this twenty-second day of April, A.D., 1871.
James E. Lincoln,  W.A. Hall, Benj. S. Long.




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